MANAGEMENT KHIZARIA LEATHERS Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioner has filed this writ petition to call for the records of the proceedings seeking for issuance of writ of certiorari in C.P. No. 2 of 2003 pending on the file of the first respondent and quash the same.

(2.) THE claim petition under S. 33C(2) of the Industrial Disputes Act, 1947 (for short, I.D. Act) was filed by the workmen/respondents 2 to 4 herein before the Labour Court, Vellore, claiming that the termination of their services by the writ -petitioner management is void ab initio since the writ -petitioner did not comply with the provisions of S.33(2)(b) of the I.D. Act before terminating their services. According to the respondents 2 to 4, the said action of the management was void ab initio in the light of the decision of the Supreme Court reported in 2002 (1) L.L.N. 639, Jaipur Zila Sahakari Bhoomi Vikas Bank, Ltd. v. Rant Gopal Sharma and others. In view of the same, they have sought for several amounts for the period starting from 1 June 1991 to 31 December 2000.

(3.) THE writ petition was admitted on 1 February 2005 and interim stay was granted by this Court. The respondents 2 to 4 have now filed a petition in W.V.M.P. No. 1548 of 2005 seeking to vacate the stay granted earlier. When the petition for vacating the stay came up for hearing, the main writ petition itself was taken up for hearing.